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VAT - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Refund of excess tax paid - The Assessing Officer committed a ...


Court Overturns Order Allowing Excess Tax Adjustments Against Future Demands; Refunds Unavailable for Already Adjusted Amounts.

December 28, 2020

Case Laws     VAT and Sales Tax     HC

Refund of excess tax paid - The Assessing Officer committed a serious error in providing for adjustment of the excess tax against the demands for the later years. - The portion of the order dated 16th December, 2015 passed by the Assessing Officer providing for adjustment of the excess tax to be adjusted for future assessment is set aside. However, if by virtue of the operation of the said order for any future liability such excess tax or any part thereof is already adjusted, the question of refund at this stage will not arise - HC

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